Dmarcian, Inc. v. DMARC Advisor BV

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:21-cv-00067-MR
DMARCIAN, INC., )
)
Plaintiff, )
)
vs. ) O R D E R
)
DMARC ADVISOR BV, )
formerly known as dmarcian )
Europe BV, )
)
Defendant. )
___________________________ )
THIS MATTER is before the Court on the Defendant’s Motion to File
Under Seal [Doc. 300]; the Defendant’s Motion to File Temporarily Under
Seal [Doc. 321]; and the Plaintiff’s Motion to Seal Exhibits in Opposition to
Defendant’s Motion for Summary Judgment [Doc. 324].
The Local Rules of this Court require civil motions, with some
exceptions not applicable here, to include a statement that counsel conferred
with opposing counsel and attempted in good faith to resolve areas of
disagreement prior to filing the motion. LCvR 7.1(b). The present motions
to seal fail to reflect any effort of counsel to confer prior to filing. One of these
motions, filed by the Defendant, goes so far as to indicate that the Defendant
does not believe that the subject documents even warrant filing under seal.
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[Doc. 321 at 1]. Rather, defense counsel represents that the motion was
filed in order to give the Plaintiff “the opportunity to explain why it believes
these documents should be sealed.” [Id.].
Motions of this nature are a waste of this Court’s time and resources.
The purpose of Rule 7.1(b) is to allow the parties to discuss potential areas
of disagreement and possibly resolve such issues without the Court’s
intervention. Even if no agreement is reached, requiring the parties to confer
prior to filing results in the issues becoming more streamlined and more
coherently presented to the Court.
For these reasons, the Court will deny the present motions to seal
without prejudice. The parties shall be required to confer either in person or
by telephone regarding the subject matter of the motions and to show in any
subsequently re-filed motions that the parties conferred and attempted in
good faith to resolve any areas of disagreement.
IT IS, THEREFORE, ORDERED that the Defendant’s Motion to File
Under Seal [Doc. 300]; the Defendant’s Motion to File Temporarily Under
Seal [Doc. 321]; and the Plaintiff’s Motion to Seal Exhibits in Opposition to
Defendant’s Motion for Summary Judgment [Doc. 324] are DENIED
WITHOUT PREJUDICE.
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IT IS FURTHER ORDERED that the parties shall confer either in
person or by telephone regarding the subject matter of the motions and shall
show in any subsequently re-filed motions that the parties conferred and
attempted in good faith to resolve any areas of disagreement.
IT IS SO ORDERED.
Signed: February 16, 2024
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